The Etheringtons Blog

Are You Joining The Gig Economy?

Are you joining the Gig economy?

Are you an employee?  A sham contract, under the Fair Work Act 2009, is the misrepresentation of employment as an independent contracting arrangement. This is often driven by the desire…

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Understanding Spousal Maintenance Obligations

Understanding Spousal Maintenance Obligations

It is not widely known that when we enter into a marriage or de facto relationship, in certain circumstances, a spouse may be liable to maintain the other in the…

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Challenging Adjudication Decisions – Some Recent Guidance

Challenging Adjudication Decisions - some recent guidance

Parties to a commercial building dispute may utilise Security of Payment (SOP) legislation in their jurisdiction to resolve payment claims and recover money owing under a construction contract. Disputes are…

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Take Care When Buying A Property ‘off The Plan’

Take care when buying a property 'off the plan'

The term “buying off the plan” usually refers to purchasing a property that is not yet built  or not yet registered as a separate lot with the government department responsible…

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Understanding Unfair Dismissal Claims

Understanding Unfair Dismissal Claims

Unfair dismissal matters can be complex and frustrating for both employers and employees alike.  Since the commencement of the Fair Work Act in 2009, employers have had expanded responsibilities to…

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The Financial Risk In Giving Personal Guarantees In Leases

The financial risk in giving personal guarantees in leases

If you are a director of a company entering a commercial or retail lease, a landlord will likely require you to give a personal guarantee for the company’s obligations under…

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Accessing Digital Assets – Estate Planning Essentials

Accessing digital assets – Estate planning essentials

The recent death (or purported death) of Gerald Cotton, former Chief Executive Officer of Canadian cryptocurrency exchange company, Quadriga CX, emphasises the importance of planning your electronic after-life. Mr Cotton’s…

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Defamation And Facebook

Defamation and Facebook

Sharing on Facebook can be defamatory A recent Queensland Supreme Court decision concerning defamatory posts in the go-carting community has led to a Queensland Supreme Court judge awarding the aggrieved…

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Trade Marks In Australia

Trade Marks in Australia

The advantage of registering a trade mark is that it confers far more benefits than registering a business name, company name or domain name. Marketing is an important business tool,…

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How Effective Are Your Post Employment Restraints?

How effective are your Post Employment Restraints?

Much damage can be done to a business when an executive or senior manager resigns, taking with them valuable customer and confidential information. Restraint of trade clauses, or post-employment restraints,…

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Collaborative Law – A New Approach To Family Law

Collaborative law - a new approach to Family Law

Collaborative law is a relatively new concept used to resolve legal disputes. Collaborative lawyers are qualified lawyers with training and experience in dispute resolution and facilitation processes. Collaborative law is…

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E-conveyancing; The Way Of The Future

E-conveyancing; the way of the future

For the past 150 years when completing a property settlement it has been necessary for lawyers and banks to meet up to check and swap documents and bank cheques. The…

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